What is Government Decree No. 190 / 1947 Coll.?

Decree of the Government No. 190 / 1947 Coll., implementing the Law on Military Disciplinary and Disciplinary Law, as well as the withdrawal of military rank and transfer to administrative service — Ordinance implementing the Law on Military Disciplinary and Disciplinary Law, as well as the withdrawal of military rank and transfer to administrative service.

When it became Government Decree No. 190 / 1947 Coll. effectiveness?

Government Decree No. 190 / 1947 Coll. became effective 06.12.1947.

Is Government Decree No. 190 / 1947 Coll. still valid?

Yes, Government Decree No. 190 / 1947 Coll. is still valid and effective.

Government Decree No. 190 / 1947 Coll. - Ordinance implementing the Law on Milita...

190.

Government Regulation

of 12 November 1947

implementing the Law on military disciplinary and disciplinary law, as well as the withdrawal of military rank and transfer to administrative service.

The Government of the Czechoslovak Republic hereby orders, pursuant to the Act of 4 July 1923, No 154 Coll., on military disciplinary and disciplinary law, as well as the withdrawal of military rank and transfer to service by administrative procedure, as amended by the Annex to the Decree of the Minister of National Defence of 19 March 1947, No 57 Coll. (hereinafter referred to as "the Act ').

Část I.

Proceedings before disciplinary committees.

Section 12 of the Act.

§ 1.

Jurisdiction of disciplinary committees on a personal basis.

(1) The powers of the disciplinary committees shall be subject to all military guards (officers and rotasters) in and out of active duty (retired, retired, on temporary leave, on leave with a waiting or no-pay holiday).

(2) The powers of the Tender Committees are subject to military gayists only for misdeeds committed after their appointment by military gayers.

§ 2.

Jurisdiction of the disciplinary committees in substance.

(1) The powers of the disciplinary committees shall apply to the conduct or omission of military gayists who have damaged or threatened the good name of the army.

(2) The good name of the army is damaged by any act or omission of a military gayist that has caused adverse judgment in the public on the moral value of the military power.

(3) The good name of the army shall be jeopardised by any act or omission of a military gentile capable of raising adverse judgment under paragraph 2, but not known to the public.

(4) The good name of the army may be compromised or damaged:

(a) a disciplinary decline in accordance with Part I of the Act;

(b) a criminal offence which is punishable by judicial action;

(c) acts or omissions which are neither disciplinary nor criminal or actionable in court.

(5) If the good name of the army has been compromised or damaged by a disciplinary decline, disciplinary proceedings shall be conducted independently of the procedure under Part I of the Law.

(6) If the good name of the army has been compromised or damaged by a criminal offence in a court of law, proceedings must be brought before the competent court at a time outside the state's armed emergency; where, in accordance with the decision of the competent court or the Office, it is not possible to bring criminal proceedings to the attention of a court, since a plea which precludes or eliminates the offence or precludes its prosecution shall be brought immediately by disciplinary action.

(7) A disciplinary action may be carried out under the State's armed guard, even if it is directed against the defendant for the same offence in court.

(8) After the final completion of the criminal proceedings against military gayists who have not been removed from court proceedings, the competent superior (Article 15 of the Law) must always decide whether there is a suspicion that the criminal offence for which criminal proceedings have been conducted has been compromised or damaged by the good name of the army, whether the criminal proceedings have ended in an acquittal or conviction (conditional or unconditional) or because the prosecution has been dismissed.

§ 3.

Disciplinary proceedings against members of the National Assembly.

(1) The Bureau of the National Assembly, the representative at whose order it is to be established, will request the approval of the introduction of the disciplinary procedure, following the continuation thereof against the military gasists who are members of the National Assembly.

(2) If disciplinary action has already been put in place before the military gayist became a member of the National Assembly, it must be suspended until the decision of the National Assembly has been taken, and if the National Assembly has refused approval of the continuation of proceedings, it must be stopped.

(3) If the National Assembly has given its assent to the prosecution before the disciplinary committee, it shall order the competent representative to establish the disciplinary procedure or to suspend it, to continue it.

§ 4.

Notification of errors falling within the competence of the disciplinary committees.

(1) Anyone who becomes aware that a military gayist has damaged or endangered the good name of the army may make a notification to any military headquarters for the purpose of bringing proceedings before the disciplinary committee. Military persons in active duty and non-active military gasists shall make such notifications by official procedure; when those persons are required to make a notification, the relevant provisions of the service shall apply. Any commander (s) who receives a notification shall be obliged to send them to the relevant Chief by service (section 15 of the Act).

(2) The performances to which military disciplinary power falls shall be notified to the relevant superior (Article 15 of the Law) by the service procedure of the lapses of military gasists who have punished or intend to fight in a disciplinary manner, following cases which they learn in the exercise of surveillance law, if they consider that they have also damaged or threatened the good name of the army.

(3) Civil criminal courts shall notify the Ministry of National Defence of all lawfulness of criminal proceedings against military gayists. The military courts (military prosecutors' offices) report these criminal cases directly to the relevant superior (Section 15 of the Act). The announcement is to add criminal files. If the criminal proceedings have ended with a judgment and the court files are still needed, the court shall add only a copy of the judgment to the notification and send the files retrospectively.

Article 13 of the law.

§ 5.

Chairman and members of the I stool disciplinary committee.

(1) The commander at whose headquarters a disciplinary committee is set up shall appoint a permanent chairperson of the disciplinary committee, to whom it is for to rule on all matters not legally reserved for the assembled disciplinary committee.

(2) The Chairman of the disciplinary committee shall be a general of arms. It may exceptionally be another arms officer for senior officers and lower officers and rotmasters, provided that he is the commander of at least an army body (a unit equal to him).

(3) The members of the I stool disciplinary committees are:

(a) generals at the disciplinary committee for generals;

(b) senior officers at the senior officer's disciplinary committee;

(c) junior officers at the junior officer and rootmasters disciplinary committee; If he is accused of being a Rotmaster, two members of the disciplinary committee must be members of the Rotmaster Corps.

(4) Two members of the disciplinary committee, one of which is to be, where possible, well-versed, shall be designated by the headquarters (office) with which the disciplinary committee is set up by authority; the remaining two members shall designate this headquarters on a proposal from the defendant.

(5) The law of knowledge is an officer who successfully passed at least the first and second state exam at the Law Faculty of National University.

(6) All members of the disciplinary committee, other than an officer of the law of the expert, must be of higher rank or, at least, seniority than the accused, in the case of several of the co-defendants than the co-accused, who has the highest rank (seniority).

(7) The members of the disciplinary committee shall be designated by a military gayist from the seat of the disciplinary committee. However, if he is not on board because of the military rank of the accused eligible military gasists (paragraph 6), military gasists from another place shall be designated as members of the disciplinary committee.

(8) If the accused is of such high rank or seniority that, even in the crew of the district of headquarters with which the disciplinary committee is set up, the military gayists who would comply with the condition laid down in paragraph 6 shall be designated as members of the disciplinary committee by the military gayers of rank or age closest to the service.

(9) If there is no expert officer in the district of the headquarters (office) with whom the disciplinary committee is set up, another competent officer shall be appointed as members of the disciplinary committee under the conditions laid down in the preceding paragraphs.

(10) The defendant shall have the right, not later than three days before the final hearing (Section 21 of the Act), to propose to the head office (office) with which the disciplinary committee is set up two military gayists who comply with the conditions set out in paragraphs 3 and 6 to 8 as members of the disciplinary committee. A retired military gayist may propose retired military gayers (in reserve).

(11) When several co-defendants were proposed to be members of a disciplinary committee by more than two military gayists, the headquarters of which is set up by the disciplinary committee shall draw a draw of two eligible military gayers.

(12) Military guards, who are accused of being members of the disciplinary committee, either by the headquarters with which the disciplinary committee is set up, designated as members of the disciplinary committee, unless they are legally excluded from this function (§ 6).

(13) If the defendant has not exercised the right to propose two members of the disciplinary committee within the time limit laid down in paragraph 10, they shall be designated instead by the headquarters with which the disciplinary committee is set up to be of the same or related State group as the accused and to comply with the conditions laid down in paragraphs 3 and 6 to 8. If he is accused of being a Rotmaster, two members shall be appointed in a similar manner from among the members of the Rotmaster Corps.

(14) Under the armed guard of the state, the First Stool Tender Committees have a chairman and two members, and the accused is entitled to propose only one military officer as a member of the Tender Committee. In such cases, the chairperson of the disciplinary committee shall be appointed by the master for each case separately by the officer who is his representative; at senior headquarters, the commander shall appoint at least a Lieutenant Colonel as chairperson of the disciplinary committee.

(15) Under the armed alert of the State, the I stool disciplinary committee shall be responsible for the conduct of proceedings against officers of any rank (Rotmasters) if, for the department with which it is established, the disciplinary committee may be set up in the manner referred to in the preceding paragraphs.

§ 6.

Exclusion and rejection of the President and members of the I stool disciplinary committees.

(1) A military gayist is excluded from the role of Chairman and member of the I stools,

(a) the offence for which disciplinary action has been committed or which has been damaged by that action;

(b) who is, or has been, associated with, or is engaged to, a victim of a criminal offence which is subject to disciplinary action;

(c) which is related to the accused, the injured, the commander, or to proceedings before the disciplinary committee, the plaintiff or the lawyer in a straight line at all, in a branch line to the fourth degree, or to the same degree; the ruling-out ground, which is based on the rule-of-law, is maintained even if the marriage through which the marriage was founded has been lawfully parted or declared invalid;

(d) who is, or has been, with any of the persons referred to in (c) in the relationship between the guardian, guardian, adoptive or foster;

(e) who, outside of his duties, has witnessed or has been questioned in the matter as a witness or expert, unless his statement contains only an account of the facts of which he has been informed;

(f) who has brought an action against the defendant or has cooperated in a case in which disciplinary action, as commander, is ordering the introduction of disciplinary action, or as investigating authority, lawyer or disciplinary action;

(g) against which criminal proceedings are brought before or before the disciplinary committee, or which have been found guilty in court or before the disciplinary committee, unless its conviction has been ruled out or the sentence has been removed.

(2) The President and the other members of the disciplinary committee, the provisions for the final discussion which are excluded pursuant to the preceding paragraph, are obliged to notify the headquarters (office) with which the disciplinary committee is set up without delay.

(3) Both the plaintiff and the defendant (s) may reject the President and the other members of the disciplinary committee for the reasons set out in paragraph 1, as well as any other grounds which may cast doubt on their impartiality and bias. The defendant cannot dismiss the members of the disciplinary committee he has proposed.

(4) The President or a member of the disciplinary committee may be dismissed for the reasons set out in paragraph 3 only until a disciplinary action has been opened; later this can only be done for reasons not known before. The circumstances that are denied must always be precisely stated at the same time.

(5) The commander at whose headquarters the disciplinary committee is set up shall decide whether the reason for the exclusion (rejection) of the chairman (s) of the disciplinary committee is given. Where it decides that a reason for refusal or exclusion is given, it shall immediately designate other members or appoint another chairman.

(6) The decision to refuse shall be subject to a complaint to the appeal committee, which shall decide on it in private consultation by a resolution which shall be subject to the approval of the Minister of Defence, within three days of the declaration (service) of the decision. The persons excluded or rejected may, pending the final processing of the complaint, preside only on acts which do not suffer delay. Otherwise, their actions are invalid.

(7) If the Board of Appeal annulled the final resolution of the I stool disciplinary committee and ordered a renegotiation, a military officer who participated in the first final discussion in the first chair shall be excluded from office as chairman or member of the I stool disciplinary committee, either as chairman or as member of the disciplinary committee.

§ 7.

The alternates of the members of the disciplinary committee.

(1) If they are expected to last longer, the headquarters (office) with which the disciplinary committee is set up shall establish the necessary number of alternates to participate from the beginning of the final discussion so that, if necessary, they may take the place of the chairman or other members who are unable to attend the final hearing for a disease or for other serious reasons. Such alternates may not take part in the deliberations of the disciplinary committee until they have taken up the seat of the member (s) of the disciplinary committee.

(2) The provision, exclusion and rejection of alternates is subject mutatis mutandis to the provisions of Sections 5 and 6.

§ 8.

The appeal committee.

(1) The appeal committee shall be composed of the President and four members; The President and the other members shall be permanent.

(2) The President and his permanent representative are appointed by the Minister for National Defence from generals in active service.

(3) Other members are appointed by the Ministry of National Defence

(a) of senior officers active in the field of disciplinary matters which, in the first chair, have been consulted by the senior officers' disciplinary committees as well as by the lower officers' officers and rotmasters or the legionnaire's disciplinary committee;

(b) generals active in the service of disciplinary matters, discussed in the first stools by the disciplinary committee for generals.

(4) The Ministry of National Defence shall provide for the necessary number of alternates of the appeal disciplinary committee, mutatis mutandis, in accordance with the provisions of paragraph 3, who shall board according to the agenda established in advance if the members referred to in paragraph 9 are excluded from the hearing, if they are rejected or unable to participate in the hearing for sickness, leave or other serious reasons.

(5) One member and at least one alternate member shall be appointed by the officers of the judicial service, which shall be subject to the provisions of paragraph 3.

(6) If the Board of Appeal is to discuss matters discussed in the first chair by the Legionnaire's Board of Appeal, its chairman and other members of the officers shall be the Legionaries; If the chairman or other permanent members of the appeal disciplinary committee are not officers-legionaries, the chairman (s) of the appeal disciplinary committee for such appeal proceedings shall be appointed by the Minister of National Defence from among the senior officers (s) of the legionaries in active service.

(7) The provisions of Section 7 (1) apply mutatis mutandis to the appointment of alternates for the final discussion.

(8) The Ministry of National Defence will determine how the office service for the appeal committee will be provided. Officers, mandated by the Office of the Appeal Board of Appeal, shall also perform the function of recertifiers in the final hearing.

§ 9.

Exclusion and rejection of the President and other members of the appeal committee.

(1) The appeal committee may not take part in proceedings on a particular case, as the chairman or other member of the military expert, who is excluded from the proceedings before the I stool disciplinary committee pursuant to the provisions of Paragraph 6 (1) of this Regulation, as well as those who served as chairman or member of the disciplinary committee, the plaintiff or the reporter in the same case.

(2) The President or another member (alternate) who considers that he is excluded under the provisions of paragraph 1 shall be required to submit a proposal without delay to the Board of Appeal to decide whether there is indeed a ground for exclusion.

(3) Both the appellant and the defendant (lawyer) may, as soon as they have been notified of the date on which the final hearing is to be held before the appeal panel, reject the chairman or other members (alternates) of the appeal panel on the grounds referred to in paragraph 1, and provide evidence of other reasons which may cast doubt on the impartiality and bias of those persons. For these reasons, it can only be rejected until a clear picture of the case has been presented (§ 39 (4)) and later only for reasons which were previously unknown.

(4) The Board of Appeal shall decide on the exclusion and rejection of the President and the other members (alternates) of the appeal disciplinary committee in private consultation. If the Board of Appeal recognises that there is a reason for exclusion or refusal, the members (alternates) required shall be designated by the Chairman of the Board of Appeal and, if excluded, its permanent representative.

§ 10.

Legionnaire's disciplinary committee.

(1) The Chair of the Legionnaire's Preservation Committee (I) and its representative are appointed by the Ministry of National Defence from the Legionaries.

(2) The other members of the Legionnaire's Disciplinary Committee (I) for final consideration are determined by the Ministry of National Defence mutatis mutandis in accordance with the principles set out in Section 5.

(3) Paragraph 2 of the Act of 24 July 1919, No 462 Coll., as amended by the Act of 3 October 1946, No 196 Coll., is applicable to the legionnaire. The office of Czechoslovak legions at the Ministry of National Defence is responsible for deciding who is a legionnaire.

Section 14 of the Act.

§ 11.

Local jurisdiction of the disciplinary committees.

(1) For military gayists on temporary leave, on leave with waiting or on leave without pay, the competent disciplinary committee set up in the district in which the gayist was assigned on official duty before leaving for leave shall be in stool I; If, following the initiation of proceedings before the committee of reprimands, a military gayist has been out of active duty (transfer to advance or retirement), this shall not alter the competence of the disciplinary committee.

(2) The Ministry of National Defence may, for the reasons set out in Section 14, paragraph 4 of the Act, appoint a disciplinary committee which is not locally competent at the request of the subordinate headquarters or at the request of the accused military expert.

Article 15 of the law.

§ 12.

Introduction of proceedings before the disciplinary committee.

(1) Military disciplinary action shall be instituted by issuing a written order from the superior (Article 15 of the Act), in which the person against whom proceedings are to be brought before the disciplinary committee and the conduct (omission) to blame him.

(2) In the case of a military gayist outside active duty who is permanently abroad and has no permanent residence in the territory of the Czechoslovak Republic, the commander whose jurisdiction is the registered office of the defendant shall be responsible for bringing proceedings before the disciplinary committee.

(3) Where a commander whose headquarters has established a disciplinary committee has grounds to exclude him from membership of the disciplinary committee pursuant to Article 6, the power to order proceedings before the disciplinary committee shall in this case cease to exist and the power to confirm the final resolution of the disciplinary committee pursuant to Article 22 (4) (a) of the Law; If the master with whom the Tender Committee for Lower Officers and Rotmasters is set up is thus excluded, his authority shall be transferred to the Senior Commander with whom the Tender Committee for Senior Officers is set up and, if this is excluded, to the Minister of National Defence.

(4) If a disciplinary prosecutor or a disciplinary committee of the First Chamber finds in proceedings already initiated that the proceedings have been brought under the order of an incompetent chairman, it shall submit the files immediately to the superior at whose order the proceedings have been instituted; the superior shall be obliged to forward the files to the competent superior, who shall either give additional agreement to the proceedings already carried out and order the proceedings to be continued or to implement new proceedings.

(5) If the proceedings instituted under the order of the non-competent chairperson, which has been concluded in the first chair and the party contests incompetence in the appeal, the disciplinary committee of the I stool which has so far carried out the proceedings shall submit the files to the appeal committee by means of the chairperson at whose order the proceedings have been instituted and the chairperson responsible for the proceedings; the representative shall add a statement on whether or not he agrees to the present proceedings.

(6) If the lack of competence of the Deputy who ordered the introduction of the disciplinary proceedings is apparent, only under appeal, the appeal committee shall request the opinion of the Board of Appeal which was competent in the matter.

§ 13.

Discharge from serving (suspension).

(1) The representative, who has ordered the introduction of proceedings before the disciplinary committee, may at any time, pending the final conclusion of the proceedings, order the defendant, if he is on an active duty, to be relieved of his execution.

(2) In deciding whether the accused should be relieved of the service, care should be taken to ensure that, in view of the burden of failure and the degree of suspicion, he does not suffer the interest of the servant should the accused continue the service; On the other hand, consideration must always be given to ensuring that military gayists are not removed from service without serious reasons.

(3) A military gayist who has been relieved of his duties under the previous provisions shall remain in active service for the duration of that discharge.

§ 14.

The effect of the proceedings before the committee of prerogatives on the increase of the service.

(1) From the introduction of proceedings before the disciplinary committee until its final termination, the defendant shall be excluded from the increase in the service (from the procedure to the higher level of the service or to the higher duty allowance).

(2) If the proceedings before the disciplinary committee are terminated by the termination of the proceedings or the acquittal of the defendant, the period of the proceedings before the disciplinary committee shall be counted for the purpose of increasing the service, unless it is excluded for other reasons.

Section 16 of the Act.

§ 15.

Priceless prosecutor.

(1) The Prosecutor-in-Office shall be appointed by the Chief at whose headquarters a disciplinary committee is set up from among the officers in active duty assigned to him in the seat of the disciplinary committees by delivery of orders for the introduction of military disciplinary proceedings.

(2) The plaintiff is subject, in his capacity as Head of the disciplinary procedure and shall report on the conduct of the proceedings as necessary.

(3) The plaintiff cannot be a military clergyman and a military gayist who, pursuant to Article 6, would be excluded from the possibility of acting in a particular case as a member of the disciplinary committee.

§ 16.

The appeal suit.

Paragraph 15 on the plaintiff shall apply mutatis mutandis to the appellant.

§ 17.

A reporter.

(1) The stenographer for the Tender Committee of the I. stools is appointed by the competent chairperson of the Tender Committee of the I. stools of military gasists in active service.

(2) The minutes cannot be appointed by a military expert who, pursuant to Article 6, would be excluded from membership of the disciplinary committee in the case in point.

(3) Paragraph 6 (3) to (6) applies mutatis mutandis to the rejection of the recorder.

Article 17 of the law.

§ 18.

Purpose of the investigation.

(1) The investigation must clarify all the circumstances which are relevant for the assessment of the question whether the defendant has committed acts or omissions which he has been charged with ordering a disciplinary action, whether he can be attributed to the accused and whether he has been threatened or damaged by the good name of the army, as well as any circumstances which may affect the measurement of the sentence.

(2) If there is a suspicion that the defendant has committed any other act or omission within the jurisdiction of the disciplinary committee other than that for which proceedings have been ordered, the disciplinary prosecutor shall seek the decision of the superior (Section 15 of the Law).

(3) If, in accordance with the outcome of the investigation, a disciplinary action has been committed by the defendant, who has been prosecuted by a court of law, he shall immediately notify the competent court, following the case of the competent public action authority, and shall propose to the competent superior that the military disciplinary action be suspended until the decision of the court (public action authority).

(4) The plaintiff is obliged to make all the evidence that the defendant has proposed if it is needed to fully clarify the case; it is also obliged by its authority to carry out any further investigations in order to clarify the matter fully.

§ 19.

Interview of the defendant.

(1) The defendant shall be heard by the plaintiff; However, if it is not appropriate for the defendant to appear at the plaintiff's office because it would be detrimental to the military service or for other reasons (for distance or cost), he shall ask the plaintiff to question the headquarters, offices or authorities referred to in Section 23.

(2) The plaintiff shall confine the defendant, who is in active duty, for questioning through his superior headquarters (office); If he's not on duty, he'll call him directly.

(3) At the beginning of the hearing, he shall call upon the defendant to answer the questions to him clearly, clearly and truthfully; It will also warn him that, if he refuses to testify, it will not hold the course of proceedings.

(4) He shall then hear the defendant about his personal circumstances as well as whether and with what effect criminal proceedings or proceedings before a disciplinary committee (disciplinary committee) have previously been brought against him.

(5) After such questioning, it shall notify the defendant of the conduct or omission which he is guilty of and invite him to express his views on the various points of the charge as far as possible through a coherent disclosure.

(6) Further questions to be given to the defendant are intended to supplement his observations and to eliminate the contradictions and ambiguities of his statement. The reasons for the suspicion (accompanying means) shall only be notified to him in so far as they may be communicated to him without the risk of being thwarted or made more difficult by the outcome of the proceedings. The reasons for the suspicion, which could therefore not be notified immediately to the defendant, shall be communicated to him in any of the following interviews as soon as the danger has ceased, but at the latest before the end of the investigation.

§ 20.

Witness interview.

(1) Witnesses shall be questioned by the plaintiff; However, if it is not appropriate for witnesses to appear at the plaintiff, as this would be detrimental to the military service, or for other reasons (distance, costs), as well as in the cases referred to in paragraph 5, the plaintiff shall ask the headquarters, authorities or authorities referred to in paragraph 23 to be questioned.

(2) Witnesses who are military persons in active duty are summoned by the plaintiff through their superior headquarters (office); This headquarters (office) shall ensure that the witness to the plaintiff is on time.

(3) The witnesses referred to in the preceding paragraph shall be required to testify before the plaintiff to what they are asking, unless they are exempted under paragraph 12.

(4) Witnesses who are not military persons in active duty shall, as a general rule, be served by the disciplinary prosecutor for personal questioning if they reside in the district of the national committee in which the disciplinary committee is located; otherwise request the authorities (s) referred to in Section 23. If the plaintiff is called for personal questioning, he shall, if there is a danger of delay, confine them directly or otherwise through the national district committees (national security authorities).

(5) If the witness referred to in the preceding paragraph does not appear to the plaintiff or if, although he does not wish to testify, he asks the authorities referred to in paragraph 23 to conduct the hearing.

(6) The plaintiff interrogates witnesses inadvertently and generally in the absence of the defendant.

(7) Before commencing the hearing, the plaintiff shall point out to the witness that he is required to testify to his honor and to the best of his conscience and knowledge of the pure truth, to do nothing to silence and to make a statement so that he may repeat it in court, if necessary.

(8) Then he'll hear the witness about his personal circumstances and his relationship with the defendant.

(9) He shall then call on the witness to provide a coherent statement of the facts which are the subject of the testimony and, if necessary, to complete his statement and explain the ambiguities or contradictions.

(10) If they oppose witnesses' statements in essential parts, they shall be summoned by the disciplinary prosecutor for questioning (confrontation).

(11) As witnesses, they must not be questioned:

(a) the cleric of what has been entrusted to them in confession or otherwise under the seal of secrecy of the spiritual office;

(b) members of the armed authority or of public servants in active or non-active employment, if they would have been in breach of professional or official secrecy by testimonial notice, provided that they have not been discharged by the competent command (office).

(12) Obligations of the witness shall be waived and may, when questioned, refuse further testimony:

(a) those who are related to the accused or married (even after the annulment of the marriage) in a straight line, his fiancée, his wife (although the marriage has passed) and her siblings, the siblings of the defendant and their spouses, the siblings of his parents and grandparents, his nephew, niece, cousin and cousin, as well as those who are to the accused in the ratio of guardian, guardian, foster or adoptive;

(b) an advocate of what has been entrusted to him by the defendant as a lawyer;

(c) members of the National Assembly on matters which have been entrusted to them as members of the House, even if they have ceased to be members, excluding cases where the seduction of a member of a House is to abuse a mandate.

(13) The applicant, after having been questioned by the hearing authority, must, as soon as he becomes aware of the proportion indicated there, instruct that they have the right to waive the testimony. If the testimony be renounced, they shall not be questioned; If they are willing to testify, this does not exclude their right to waive their testimony during or after the hearing. If they do so, the record of the statement already made shall not be read.

(14) If the witness testifies that the issue of the witness or the answer to any question would have direct and significant property damage to the witness or the person who is in relation to him in the manner referred to in paragraph 12 (a), or would cause him or her a shame or a risk of prosecution and, therefore, if he or she refuses to testify, he or she cannot be coerced or punished for denial.

§ 21.

Witness interrogation.

(1) If the plaintiff is of the opinion that the witness will only give true testimony if he confirms his testimony by oath, he shall request the court of the witness in whose district the witness is present or the court of the district with criminal jurisdiction closer to the witness's whereabouts to be heard by him.

(2) Interview shall be carried out by the requested court in accordance with the provisions of the military Code of Criminal Procedure and by the requested district court in accordance with the relevant general Code of Criminal Procedure.

§ 22.

Interview of experts.

(1) If an investigation requires an expert to be heard in order to clarify the expert's questions, the disciplinary prosecutor shall ask the nearest court-martial for their provision.

(2) Military persons in active employment should normally be appointed as experts; an expert may not be a person who is not entitled to testify as a witness in a case or who is not allowed to be taken into an oath or who is in the proportion referred to in Paragraph 20 (12) (a) to the defendant or to a person who has been damaged or against an act which he or she has been seeking, or those persons themselves.

(3) Article 20 (1) to (4) shall apply mutatis mutandis to the summons of experts for questioning and questioning; where there is a need for an interview, it shall be treated mutatis mutandis in accordance with the principles set out in Article 21.

(4) The plaintiff shall draw the expert's attention before questioning that they are obliged to give their good appearance (s) impartially and according to the rules of their science, art or business on their honour and conscience, so that they can be confirmed in court by an oath if necessary.

§ 23.

Synergies of other headquarters, offices and authorities in the investigation.

(1) The synergy between military headquarters (offices, disciplinary committees), regional national committees and national security authorities, for which the disciplinary prosecutor may request in the investigation, may be relevant in the investigation of circumstances of relevance to the proceedings, in the submission of official reports and communications and in the questioning of the accused, witnesses and experts.

(2) The requested military headquarters (offices) and the disciplinary committees must comply with the requests of the disciplinary prosecutor if they are locally and factually competent to act and are governed by the provisions of this Regulation and its implementing provisions.

(3) Where the hearing of the defendant, witnesses or experts is requested by another disciplinary committee, the chairman of that disciplinary committee shall entrust him to the execution of it either by an officer who is a disciplinary prosecutor on another matter or by an officer serving the disciplinary committee.

(4) The county national committees and national security authorities are to be heard and questioned in accordance with the rules applicable to them.

(5) If there is a need to conduct an interrogation or any other investigation outside the national territory, the plaintiff shall refer the matter to the Ministry of National Defence.

§ 24.

Records of the defendant's testimony, witnesses and experts.

(1) Where the plaintiff himself has been questioned by the defendant, the witness or expert, he shall write down or have written a record of the statement by the competent reporter, which he shall read or give to the interrogator and have signed.

(2) Where an objection to the accuracy of the minutes is being heard before the registration is signed, such objections shall be recorded at the end of the registration.

(3) If the interrogator refuses to sign the minutes, he cannot be forced to do so, but he must be asked about the ground of refusal, which the reprimanded plaintiff will note in the minutes.

(4) The minutes must also contain the place and date of the official hearing, the names of the persons concerned, and the signatures of the interrogator's litigator and the registrar, if any.

(5) These provisions shall also apply where, at the request of the plaintiff, he is conducting an interview with a military headquarters (office) or another disciplinary committee.

Citation	Decree of the Government No. 190 / 1947 Coll., implementing the Law on Military Disciplinary and Disciplinary Law, as well as the withdrawal of military rank and transfer to administrative service
Regulation Type	-
Author	-
Collection	Code of Laws

Date of Promulgation	21.11.1947
Effective from	06.12.1947
Effective until	-
Status	Valid

Government Decree No. 190 / 1947 Coll.

Ordinance implementing the Law on Military Disciplinary and Disciplinary Law, as well as the withdrawal of military rank and transfer to administrative service

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